However, all of the measures were supposedly being filibustered, even though no one seized the floor and talked incessantly. Instead, they were all being subjected to the virtual filibuster, in which everyone pretends that a bill or amendment is being filibustered, even though no one is actually doing it.

Overcoming a virtual filibuster requires 60 votes in the Senate, and the three measures with majority support fell short of that.

Virtual filibuster killed bipartisan work

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Opinion polls have long suggested that most Americans want to protect 'dreamers,'theyoung undocumented immigrants who have spent most of their lives in this country.But those protections have been slow to materialize. Consider the timeline: Photo by Tom Tingle/The Republic

2001: The first Development, Relief and Education for Alien Minors (Dream) Act — the legislation that gave 'dreamers' their name — is introduced to offer a path to citizenship for immigrants who were brought here illegally as children. It fails, as do subsequent versions. Nick Oza/The Republic

2010: The Dream Act of 2010 gets closer than previous attempts to passing but dies in the Senate. It offers a path to citizenship if young immigrants complete two years of college or serve in the military and complete a background check, among other requirements. Nick Oza/The Republic

2017: Attorneys general threaten to sue if Trump does not rescind DACA. The president sets a 2018 expiration date for the program, despite pleas from some Republican lawmakers and business leaders to wait, and calls on Congress to pass a fix for dreamers. David Wallace/The Republic

2017: A revised, bipartisan version of the Dream Act is introduced, but no action was taken before the end of the year. The bill offers permanent legal status to dreamers who enroll in college, join the military or find a job, among other requirements. Sam Greene

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If the filibuster rule didn’t exist, the Senate would have now passed a bill providing legal status for dreamers, some funding for border security, and probably sanctions against sanctuary cities. The bill would now go to the House. And instead of discussion about the Senate’s failure, the focus would be on what could pass the House, which is where it should be.

In fact, if filibusters had to be real rather than virtual, the odds are strong that the same result would have occurred. It might have taken a few more days, but a real filibuster probably wouldn’t have prevented the Senate from ultimately acting. The virtual filibuster stopped it dead in its tracks.

This should put an end to the argument of some filibuster supporters, such as Arizona senators John McCain and Jeff Flake, that the filibuster promotes bipartisanship.

There was a bipartisan consensus in the Senate to give dreamers legal status and a path to citizenship. The filibuster rule killed it.